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THIS FUNDING AGREEMENT MADE ____DAY OF ______________, 20___. BETWEEN: CITY OF FORT SASKATCHEWAN (the “City”) - and - NAME OF ORGANIZATION (the “Organization”) USE WHEREAS, the City and Organization have entered into a funding Agreement for (Insert the type of project the funding will be used for.) NOW THEREFORE, in consideration of the funding provided by the City to the Organization, and in accordance with the terms, conditions and mutual covenants in this Agreement, both parties agree as follows: NOT 1. FUNDING 1.1 The Organization has applied for, and the City has approved, grant funding for the Organization in the amount of _______________ ($____) Dollars under the City’s (insert DO the name of the City’s grant funding program or applicable Council resolution) program. City funding will be paid to the Organization in accordance with Section 2 of this Agreement. - 1.2 The obligations and liability of the City pursuant to this Agreement are restricted solely to the payment of the funding. The Organization assumes full financial responsibility for delivery of the Project. 1.3 The Organization acknowledges that it is liable for the full amount of the City funding and it will be bound to the terms of this Agreement. 2. USE OF FUNDING 2.1 Funding will be used by the Organization for the purpose described in Schedule “A” Project Details, (include background details in Schedule “A”) (the “Project”) and for no SAMPLE other purpose without prior written consent of the City. 1 2.2 Project details outlined in Schedule “A” which commenced prior to the date of the Agreement will be considered ineligible for funding unless approved by the City. 3. REPORTING 3.1 Interim reports on the progress of the Project, including expenditures, should be completed by the Organization when requested by the City. The report should be provided to the City in order to meet reporting requirements to Council on the USE implementation of the Grants to Non-Profit Organizations. 3.2 A final report outlining the outputs and outcomes of the Project, as well as a financial report showing the approved and actual expenses (with original receipts attached) will be delivered to the City by March 31, 20__. 3.3 If the initiative will not be completed within by December 31, 20___, and wishes to NOT request an extension, a request must be submitted to the City by April 30, 20__. Extensions are at the sole discretion of the City. The Organization will be notified in writing of an extension granted to the reporting deadline. 3.4 The City shall reserve the right to use the results of this Funding Program for promotional or reporting purposes. DO 4. PAYMENT OF THE GRANT - 4.1 The Organization shall receive funding as described in Administrative Procedure Gen- 029-A. Grant amounts of $10,000.00 or less will be paid to the recipient as a one-time payment. Grant amounts of greater than $10,000.00 will be paid in quarterly installments, unless otherwise negotiated. 5. TERMINATION 5.1 This Agreement shall expire on December 31, 20___ or earlier in the event of termination pursuant to this Agreement. 5.2 The City may terminate this Agreement immediately if the Organization: a. ceases to exist or function as a non-profit organization; SAMPLE b. fails to use the funding in accordance with Section 2; or 2 c. default in the performance of any of its obligations of under this Agreement; 5.3 Should this Agreement be terminated pursuant to Section 5, a final report will determine the final payment to either party, as required. 5.4 If the Organization’s financial information discloses a surplus in the grant funded services, program, event or project, within 90 days of the City’s demand, the eligible non-profit organization shall repay any surplus in excess of 5% or $2,500 whichever is less. USE 6. RIGHT TO AUDIT 6.1 The City may audit all financial and related records associated with the terms of this Agreement. 6.2 The Organization shall at all times during the term of this Agreement, and for a period of NOT seven (7) years after the end of the Agreement, keep and maintain records of the use of the funding pursuant to this Agreement. This shall include any records and documentation that support actions taken by the Organization. All such records shall be maintained in accordance with the Accounting Standards for the Private Sector Not-for- Profit Organizations as issued by the Accounting Standards Board. The Organization DO shall at its own expense make such records available for inspection and audit by the City at all reasonable times and without prior notice. - 6.3 The obligations of Section 6 shall be explicitly included in any subcontracts or agreements formed between the Organization and any subcontractors or suppliers of goods or services to the extent that those subcontracts or agreements relate to fulfillment of the Organization’s obligations to the City. 6.4 Costs of any audits conducted under the authority of Section 6 and not addressed elsewhere shall be borne by the City unless the audit identifies significant findings that would benefit the City. The Organization shall reimburse the City for the total costs of an audit that identifies significant findings that would benefit the City. SAMPLE 3 6.5 Section 6 shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the City may have by Federal, Provincial or Municipal law, whether those rights, powers, or obligations are express or implied. 7. INDEMNITY 7.1 The Organization shall indemnify and save harmless the City from and against all claims, losses, demands, actions, payments, suits, recoveries, judgments or settlements of any kind brought against or recovered from the City in any manner directly or USE indirectly caused, occasioned or contributed to in whole or in part, by reason of any act, omission, fault or negligence whether active or passive of the Organization or of anyone acting under its direction or control or on its behalf in connection with or incident to carrying out the Project. 7.2 The Organization shall acquire and maintain adequate insurance coverage, which includes Commercial General Liability, Automobile Liability, Professional Liability, NOT Directors and Officers Liability, and Property Insurance, to the nature and extent as may be appropriate depending on the nature of the Organization’s activities and services. 7.3 The commercial general liability maintained by the Organization in accordance with this Contract shall name the City as an additional insured with respect to the services, DO programs, projects and events provided by the Contractor and shall include waivers of subrogation by the insurer in favour of the City. - 7.4 The City shall be provided with 30 days’ notice of cancellation or termination of insurance. 7.5 At the request of the City, the Organization shall provide evidence of such insurance which is satisfactory to the City. 8. NOTICES 8.1 For the purpose of this Agreement, the addresses of the parties are: CITY OF FORT SASKATCHEWAN 10005 - 102 Street SAMPLE Fort Saskatchewan, Alberta T8L 2C5 4
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